ADMJ 103 Lecture Notes - Lecture 11: Statutory Rape, Attendant Circumstance, Mens Rea
21 Aug 2020
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Public welfare doctrine: allows add"l regulation (administrative) unrelated to personal guilt. Non-public welfare strict liability: statutory rape no defense based on ground that actor did not know or was mistaken as to victim"s age (attendant circumstance); no ability to consent. Staples v. u. s. -- tampered with gun was now full auto. Section 5861(d) outlawed the possession of firearm not registered in the national. A firearm shoots automatically more than one shot, without manual reloading, Defendant: government must prove brd that the defendant knew that the by a single function of the trigger. gun would fire fully automatically . Scotus agreed and held: the government should have been required to prove that defendant knew weapon he possessed had beyond reasonable doubt characteristics that brought it within statutory definition of machine gun. Twenty-year-old w/ iq of 52 had sex with a 13-year-old who told him she was 16.
